I Just Found Out My Spouse Cheated on Me! Now What?By Moskowitz Law Group, LLC |
Finding out that your spouse has cheated on you can be a shocking and hurtful experience. That kind of betrayal is difficult to handle, but it is important to not make any rash decisions. Instead, you should find a safe and peaceful place to go and handle the situation. Take space for yourself to decide how you want to move forward and know that you have rights.
Infidelity and Divorce
In New Jersey, it is very unlikely that a spouse’s infidelity will change anything about the divorce proceedings. Most divorces are filed as “no-fault” based on irreconcilable differences, which means that the reasons for divorcing and the outcome of the case are not tied to one another. However, you still have every right to pursue a divorce if your spouse cheats on you.
Two aspects of your divorce that could be affected by your spouse’s adultery would be alimony and the division of marital assets. However, this is an exception to the norm. New Jersey law states that to the extent that marital misconduct such as adultery affects the economic status quo of the parties, it may be taken into consideration in the calculation of alimony. For example, if marital funds were depleted during the affair through acts such as buying gifts, housing, or other items for the breadwinner’s paramour, alimony awarded to his/her spouse might be affected because a court could rule that a greater alimony award is warranted to, in effect, compensate the spouse for the damage to the couple’s finances. Likewise, a court may rule that the spouse is entitled to a greater share in the division of marital assets to compensate him/her for the damage to the couple’s finances.
Other things, such as child custody, are not subject to change due to infidelity. It is important that decisions made in a divorce always serve the best interests of the children. While your spouse’s actions may have hurt you and damaged your relationship, keeping things civil for your kids is always best. You cannot punish your spouse by keeping your children away from them.
Contact a Divorce Lawyer
After finding out that your spouse has cheated on you, you are likely to have many questions. A dedicated divorce lawyer could help you understand your options and navigate some tough decisions. In a time of need, you deserve compassion and support while moving forward. Call Moskowitz Law Group today to discuss your situation and learn more about your potential case.